Ramswaroop Chaiya vs Vijay Khatri
2022 Latest Caselaw 598 MP

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          The High Court Of Madhya Pradesh
                   CRR No. 2990 of 2017
                       (RAMSWAROOP CHAIYA Vs VIJAY KHATRI)

Gwalior, Dated : 12-01-2022
      Heard through Video Conferencing.

      None for the petitioner.
      Mr. Vivek Khedkar, learned counsel for the respondent.

Also on 11.01.2022, none appeared on behalf of the petitioner. Today also, neither learned counsel for the petitioner nor petitioner is present before this Court through video conferencing.

This revision is pending since 2017.

The co-ordinate Bench of this Court, vide order dated 06.11.2017 has suspended the jail sentence of the petitioner subject to depositing a sum of Rs.50,000/- in addition to the amount already deposited and furnishing a personal bond in the sum of Rs.50,000/- with a surety bond in the like amount.

On 06.11.2017, learned counsel for the petitioner submitted that he has deposited Rs.75,000/- out of Rs.2,70,000/- before the trial Court.

Heard on I.A.No.5093/2019, an application for disbursement of

amount deposited before the trial Court.

Heard the learned counsel for the respondent and perused the record. On perusal of the record, it appears that learned trial Court vide order dated 11.01.2017 has held the petitioner guilty for the offence punishable under Section 138 of Negotiable Instrument Act and sentenced him to undergo two years RI and to pay compensation of Rs.2,70,000/- to the respondent, against this, the petitioner has filed an appeal before appellate Court which was also dismissed vide judgment dated 24.10.2017. Against the judgment, he has filed this revision and today on his behalf nobody is present.

Transaction between petitioner and respondent has taken place on 2013 and respondent could not get any fruits, after filing the complaint till today.

In aforesaid circumstances, I.A.No.5093/2019 is allowed and it is

ordered that the amount of Rs.75,000/- deposited before the trial Court by the petitioner on 27.06.2017 and further amount of Rs.50,000/- deposited on 15.11.2017 be disbursed in favour of the respondent.

The case is adjourned.

(DEEPAK KUMAR AGARWAL) JUDGE

bj/-

BARKHA SHARMA 2022.01.14 15:16:03 +05'30'